(Formatting note: Links to citations open up in a
different window. The citations files list only those citations specifically
addressed in the checklist. Readers may notice, therefore, that parts of some
citations may be missing. This is intentional.)

INTRODUCTION

The U.S. Department of Labor, Civil Rights Center (CRC), which is
organizationally located within the Office of the Assistant Secretary for
Administration and Management, has developed this "WIA Section 188 Disability
Checklist" to ensure nondiscrimination and equal opportunity to persons with
disabilities [1] participating in
programs and activities operated by Local Workforce Investment Area (LWIA)
grant recipients [2] that are part
of the One-Stop delivery system. This compliance review Checklist will provide
CRC with a uniform procedure for measuring compliance with those provisions of
Section 188 of the Workforce Investment Act (WIA) [3] and the implementing regulations (29 CFR Part 37) [4] pertaining to persons with
disabilities. [5] This Checklist
does not create new legal requirements or change current legal requirements. It
is intended to serve as a basic resource document on CRC-administered laws
pertaining to persons with disabilities.

The Checklist will be used to address how an LWIA grant recipient is
complying with, and implementing, the applicable Federal requirements for
persons with disabilities. For example, the Checklist will be used by CRC to
determine whether an LWIA grant recipient is providing effective communication
for persons with disabilities. One means of providing effective communication
for persons who are deaf is the effective use of a TDD/TTY. This Checklist will
be used not only to determine whether the TDD/TTY has been purchased, but also
to determine whether staff is trained in using the TDD/TTY, the TDD/TTY is in
working order, and whether the staff answers the TDD/TTY to the same extent as
voice calls.

The layout of this Checklist is modeled after the nine elements of the
WIA Methods of Administration (MOA).
[6] Consistent with the requirements of 29 CFR Part 37, each Governor is
required to establish and adhere to an MOA. An MOA is a document that contains
policies, procedures, and systems that are designed, when successfully
implemented, to provide a reasonable guarantee of compliance with the
nondiscrimination and equal opportunity requirements of WIA and its
implementing regulations. [7] All
Governors have submitted a WIA MOA that has been approved by the CRC
Director.

In demonstrating compliance with Section 188, it is necessary for an
LWIA grant recipient that has received WIA financial assistance from a State to
show its adherence to policies, procedures, and systems contained in its
State's WIA MOA. This WIA Section 188 Disability Checklist may be used by a
State in conducting its own monitoring regarding compliance with those aspects
of Section 188 pertaining to persons with disabilities. States, however, may
wish to expand the review standards to include State laws and/or specific
policies and procedures required by the State. CRC is available to provide
technical assistance to States in this regard.

The Checklist identifies the basic requirements under Section 188 of
WIA, including portions of the regulations implementing Section 504 of the
Rehabilitation Act. [8] The
Checklist covers requirements applicable to LWIA grant recipients in regard to
the operation of their programs and activities. The Section 188 Checklist also
covers a recipient's employment practices.

It should be noted that some of the nondiscrimination provisions set out
in the Section 188 regulations pertaining to persons with disabilities are
based on the regulations implementing Title II of the ADA. Many recipients of
WIA Title I financial assistance are also subject to the requirements of Title
II of the ADA, which applies to public entities, including State and local
governments and their departments, agencies, and instrumentalities. [9] Modeling some of the sections of
the WIA regulations pertaining to individuals with disabilities on the ADA
Title II regulations ensures that these recipients are subject to similar
obligations and responsibilities under both laws. [10]

The Checklist includes lists of questions for each element of the MOA.
In addition, for some of the elements, the questions are followed by bullet
points describing examples of concrete actions that comply with some of the
basic requirements imposed by Section 188 and the regulations.

Similarly, the Appendix to the Checklist includes examples of policies,
procedures and other recommended steps that LWIA grant recipients can take to
ensure that people with disabilities have equal access to WIA Title I programs
and activities. The "examples of practices" in the Appendix are not mandatory
requirements under Section 188 or the regulations. The examples do not create
new legal requirements or change current legal requirements. Instead, they
suggest ways in which LWIA grant recipients might meet their obligations to
ensure that individuals with disabilities have equal access. Descriptions of
possible approaches in this Checklist should not be construed to preclude
States from devising alternative approaches to meeting their legal
obligations.

With respect to programmatic and architectural accessibility, the
Appendix to this Checklist refers readers to the Uniform Federal Accessibility
Standards (UFAS) Checklist developed for the United States Access Board in 1990
and still in use today. For additional assistance with ensuring that technology
is accessible, the Appendix also refers readers to additional Checklists
developed by the Department of Justice regarding Web page and software
accessibility, information transaction machines, and information technology
equipment accessibility.

ELEMENT 1: DESIGNATION OF EQUAL OPPORTUNITY
OFFICER

1.1 Has the recipient (except small recipients and
service providers--see Note below) designated an Equal
Opportunity Officer who meets the eligibility criteria and assumes prescribed
responsibilities (such as monitoring, investigating, reviewing written
policies, undergoing training) with regard to persons with disabilities? [29 CFR 37.23-.28; see
also Section 188 Guidance,
65 FR at 51985]

1.2 Has the recipient satisfied the prescribed general
obligations relating to the Equal Opportunity Officer in regard to persons with
disabilities (such as making public EO Officer's TDD/TTY number, assigning
sufficient staff and resources and ensuring training necessary and appropriate
to maintain competency)? [29 CFR 37.26]

Examples of concrete actions that comply with some of these
requirements:

The recipient's EO Officer and his/her staff have the education,
training, and experience (skill, ability and knowledge) to perform assigned
duties regarding nondiscrimination and equality of opportunity for persons with
disabilities.

The EO Officer is also the Section 504 Coordinator. If not, the
recipient appoints a Section 504 Coordinator, who has the education, training
and experience to perform assigned duties. [11]

ELEMENT 2: NOTICE AND COMMUNICATION

2.1 Is the recipient providing for initial and
continuing notice that the recipient does not discriminate on the basis of
disability? [29
CFR 37.29-.36. See also Section 188 Guidance,
65 FR at 51985-51986]

2.2 Is the Notice provided by the recipient to persons
with disabilities who are: registrants, applicants, eligible
applicants/registrants; participants; applicants for employment and employees;
unions or professional organizations that hold collective bargaining or
professional agreements with the recipient; WIA Title I subrecipients; and
members of the public, including those with impaired vision and hearing? [29 CFR 37.29(a)]

2.3 Is the recipient taking appropriate steps to ensure
that communications with individuals with disabilities are as effective as
communications with others? [29
CFR 37.9(a) and
37.29(b)] [12]

2.4 Does the recipient indicate in recruitment
brochures and other materials that the WIA Title I-financially assisted program
or activity is an "equal opportunity employer/program" and that "auxiliary aids
and services are available upon request to individuals with disabilities"? [29 CFR 37.34(a)]

2.5 Does the recipient that publishes or broadcasts
program information in the news media indicate that auxiliary aids and services
are available upon request to individuals with disabilities? [29 CFR 37.34(b)]

2.6 Does the Notice meet the general posting and
dissemination requirements [29
CFR 37.31(a)] and is the Notice provided in appropriate formats to
individuals with visual impairments? Where the Notice has been given in an
alternate format to a participant with a visual impairment, is a record that
such Notice has been given made a part of the participant's file? [29 CFR 37.31(b)]

2.7 Where marketing, recruitment, and other materials
indicate that the recipient may be reached by telephone, do the materials state
the telephone number of the TDD/TTY or relay service used by the recipient? [13] [29 CFR 37.34(a)]

Examples of concrete actions that comply with some of these
requirements:

Where a telephone number is included in official stationary, business
cards, civic newsletters, web sites, and other materials, the materials
indicate a TDD/TTY number or provide for an equally effective means of
communication with individuals with hearing impairments (e.g., the number for
the telephone relay service).

ELEMENT 3: ASSURANCES

3. Does the assurance provided by each grant applicant
and subrecipient (such as each training provider) in applications for WIA Title
I financial assistance and the assurances incorporated into each grant,
cooperative agreement, contract, or other arrangement include the assurance not
to discriminate on the basis of disability under Section 188 of WIA and Section
504 of the Rehabilitation Act of 1973? Does the grant applicant also assure
that it will comply with 29 CFR Part 37 and 29 CFR Part 32? [29 CFR 37.20-.22; see also
Section 188 Guidance,
65 FR at 51986] [14]

ELEMENT 4: UNIVERSAL ACCESS

4. Is the recipient taking appropriate steps to ensure
that it is providing universal access to its WIA Title I-financially assisted
programs and activities? Do these steps involve reasonable efforts (including
advertisement, recruitment, outreach, and targeting) to include participation
of persons with disabilities in the recipient's programs and activities? [29 CFR 37.42; see also Section
188 Guidance, 65 FR at 51987].

ELEMENT 5: OBLIGATION NOT TO DISCRIMINATE ON THE BASIS
OF DISABILITY

5.1 GENERAL PROHIBITIONS

Does the recipient prohibit discrimination in the registration for and
the provision of aid, benefits, services or training, including core,
intensive, training, and support services, on the basis of disability,
including the types of discrimination listed in
29 CFR 37.7? [15] The types of discrimination
listed in 29 CFR 37.7 are set out
below.

5.1.1 In providing any aid, benefits, services, or
training, a recipient must not deny the opportunity to participate in or
benefit from the aid, benefits, services, or training; afford an opportunity
that is not equally effective; provide different, segregated or separate aid,
benefits, services, or training unless such actions are necessary to provide
effective opportunity; deny the opportunity to participate as a member of
planning or advisory boards; or otherwise limit enjoyment of any right,
privilege, advantage, or opportunity enjoyed by others.

5.1.2 The recipient must not aid or perpetuate
discrimination by providing significant assistance to a person or an entity
that discriminates on the basis of disability.

5.1.3 The recipient must not deny the opportunity to
participate in WIA Title I-financially assisted programs or activities despite
the existence of permissibly separate programs or activities.

5.1.4 The recipient must administer its programs and
activities in the most integrated setting appropriate. [16]

5.1.5 The recipient must not use standards, procedures,
criteria or administrative methods that have the purpose or effect of
discrimination; defeating or substantially impairing the accomplishment of the
objectives of the WIA Title I-financially assisted programs or activities; or
perpetuating discrimination of another entity if both entities are subject to
common administrative control.

5.1.6 In determining the site or location of a
facility, the recipient must not make selections that have a discriminatory
effect.

5.1.7 The recipient, in the selection of contractors,
may not use discriminatory criteria.

5.1.8 A recipient must not administer a licensing or
certification program in a discriminatory manner.

5.1.9 The recipient must not impose or apply
eligibility criteria that screen out or tend to screen out an individual with a
disability or class of individuals with disabilities unless such criteria can
be shown to be necessary for the provision of the aid, benefit, service,
training, program or activity being offered.

5.1.10 The recipient must not place a surcharge on an
individual with a disability to cover the cost of measures such as provision of
auxiliary aids.

5.1.11 The recipient must not discriminate against an
individual or an entity because of the known disability of an individual with
whom the individual or entity is known to have a relationship or an
association.

5.1.12 An individual with a disability is not required
to accept an accommodation, aid, benefit, service, training, or opportunity
that such individual chooses not to accept.

Examples of concrete actions that comply with some of these
requirements:

The recipient rejects all job orders from any employer that specifies
that it will not accept applications from qualified persons with disabilities
or from qualified applicants with certain disabilities.

Does the recipient provide reasonable accommodations regarding
registration for and the provision of aid, benefits, services or training,
including core, intensive, training, and support services to qualified
individuals with disabilities? [29 CFR 37.8; see
also29 CFR 32.13]

Does the recipient provide reasonable modifications regarding its
policies, practices, and procedures for the registration for and provision of
core, intensive, training, and support services to individuals with
disabilities? [29 CFR 37.8]

5.4 ADMINISTER PROGRAMS AND ACTIVITIES IN THE MOST
INTEGRATED SETTING APPROPRIATE

5.4.1 Does the recipient administer its programs and
activities in the most integrated setting appropriate to the needs of qualified
individuals with disabilities? [29 CFR 37.7(d)]

5.4.2 Does the recipient not provide different,
segregated, or separate aid, benefits, services, or training to individuals
with disabilities or any class of individuals with disabilities unless such
action is necessary to provide qualified individuals with disabilities with
aid, benefits, services, or training that are as effective as those provided to
others? [29 CFR 37.7(a)(4)]

5.4.3 Does the recipient permit a qualified individual
with a disability the opportunity to participate in WIA Title I-financially
assisted programs and activities despite the existence of permissibly separate
or different programs or activities? [29 CFR 37.7(c)]

5.5 ABLE TO COMMUNICATE WITH PERSONS WITH DISABILITIES
AS EFFECTIVELY AS WITH OTHERS

5.5.1 Are steps being taken to ensure that
communications with individuals with disabilities are as effective as
communications with others? [29 CFR 37.9 and.29(b). See also
Section 188 Guidance,
65 FR at 51986]

5.5.2 Does the recipient furnish appropriate auxiliary
aids and services where necessary to afford individuals with disabilities an
equal opportunity to participate in, and enjoy the benefits of, the WIA Title
I-financially assisted program or activity? Does the recipient give primary
consideration to the requests of the individual with a disability when
determining what type of auxiliary aid or service is appropriate? [29 CFR 37.9(b)]

5.5.3 Where a recipient communicates by telephone with
beneficiaries and others, does the recipient use telecommunication devices for
individuals with hearing impairments (TDDs/TTYs) or equally effective
communication systems, such as telephone relay services? [29 CFR 37.9(c)]

5.5.4 Does the recipient ensure that interested
individuals, including individuals with visual and hearing impairments, can
obtain information as to the existence or location of accessible services,
activities, and facilities, including the provision of appropriate signage at
the primary entrances to its inaccessible facilities? [29 CFR 37.9(d) and
(e)]

5.6 PROVIDE PROGRAMMATIC ACCESSIBILITY FOR PERSONS WITH
DISABILITIES

5.6.1 Is the recipient operating each program or
activity so that the program or activity, when viewed in its entirety, is
readily accessible to qualified individuals with disabilities? [29 CFR 32.27(a) and
29 CFR 37.3(b). See Footnote 8]

5.6.2 Does the recipient comply with its obligation to
operate its program or activity so that, when viewed in its entirety, it is
readily accessible to qualified individuals with disabilities, through such
means as redesign of equipment, reassignment of classes or other services to
accessible buildings, assignment of aides to beneficiaries, home visits,
delivery of services at alternative accessible sites, alteration of existing
facilities and construction of new facilities in conformance with standards for
new construction, or any other method that results in making its program or
activity accessible to individuals with disabilities? In choosing among
available methods, does the recipient give priority to those methods that offer
programs and activities to individuals with disabilities in the most integrated
setting appropriate? [29 CFR 32.27(c)]

5.7.1 Is each facility or part of a facility
constructed by, on behalf of, or for the use of a recipient designed and
constructed in such a manner that the facility or part of the facility is
readily accessible to and usable by qualified individuals with disabilities?
[29 CFR 32.28(a)]

5.7.2 Is each facility or part of a facility which is
altered by, on behalf of, or for the use of a recipient in a manner that
affects or could affect the usability of the facility or part of the facility
altered in such a manner that the altered portion of the facility is readily
accessible to and usable by qualified individuals with disabilities? [29 CFR 32.28(b)]

5.7.3 Does the design, construction, or alteration of
facilities meet the most current standards for physical accessibility
prescribed by the General Services Administration under the Architectural
Barriers Act or does the recipient adopt alternative standards when it is
clearly evident that equivalent or greater access to the facility or part of
the facility is thereby provided? [29 CFR 32.28(c)]

Provide for and Adhere to a Schedule to Evaluate Job
Qualifications to Ensure That the Qualifications Do Not Discriminate on the
Basis of Disability

5.8.3 For employment, does the recipient review job
qualifications to ensure that it does not use qualification standards,
employment tests or other selection criteria that screen out or tend to screen
out an individual with a disability on the basis of that disability, unless the
standard, test or other selection criteria, as used, is job-related for the
position in question and consistent with business necessity? [29 CFR 37.10(d) and
29 CFR 32.14]

For employment-related training, does the recipient review selection
criteria to ensure that they do not screen out or tend to screen out an
individual with a disability or any class of individuals with disabilities from
fully and equally enjoying the training unless the criteria can be shown to be
necessary for the training being offered? [29 CFR 37.10(d) and
29 CFR 32.14]

For employment and employment-related training, does the recipient
select and administer employment and training tests that, when administered to
an individual with a disability that impairs sensory, manual, or speaking
skills, accurately reflect the skills, aptitude, or other factors that the test
purports to measure, rather than reflecting the impaired sensory, manual, or
speaking skills of the individual? [29 CFR 37.10(d) and
29 CFR 32.14]

Note: Preemployment and pre-selection inquiries are
permissible if they are required or necessitated by another Federal law or
regulation. See, for example,Job Corps regulations at
20 CFR 670.400(a)(1), which
contain an exception to an age limitation on program participation if the
person is an otherwise eligible individual with a disability. In addition, an
employer may ask applicants to voluntarily self-identify as individuals with
disabilities for purposes of the employer's affirmative action program that is
being undertaken pursuant to Federal, State, or local law, if the individual is
clearly informed that (a) the information requested is for purposes of the
affirmative action effort and (b) the information will be used in accordance
with the provisions of Federal law governing the confidentiality of medical
information. Furthermore, an employer may ask applicants to self-identify if it
is voluntarily using the information to benefit individuals with disabilities.
[29 CFR 37.10(d) and
29 CFR 32.15]

ELEMENT 6: DATA AND INFORMATION COLLECTION AND
MAINTENANCE

6. Does the recipient comply with the requirements of
29 CFR 37.37 through 37.41 related to data
and information collection and maintenance? Does each grant applicant and
recipient promptly notify the Director of the Civil Rights Center when any
administrative enforcement actions or lawsuits are filed against it alleging
discrimination on the basis of disability? [29
CFR 37.38]

Note: 29 CFR 37.38 also requires grant applicants and
recipients to notify the Director of the Civil Rights Center when
administrative enforcement actions or lawsuits are filed against it alleging
discrimination on the basis of race, color, religion, sex, national origin,
age, political affiliation or belief, and for beneficiaries only, citizenship
(on the basis of an individual's status as a citizen or national of the U.S.,
or as an individual lawfully authorized to work in the U.S.), or participation
in a WIA Title I-financially assisted program or activity.

ELEMENT 7: MONITOR FOR COMPLIANCE

7.1 Does the EO Officer monitor and investigate the
recipient's activities, and the activities of the entities that receive WIA
Title I financial assistance from the recipient, to make sure that the
recipient and its subrecipients are not violating their nondiscrimination and
equal opportunity obligations? [29
CFR 37.25(b); see also37.7(e)]

7.2 Has the recipient conducted a self-evaluation in
accordance with
29 CFR 32.6(c) (i.e., evaluate current
policies and practices and their effects on persons with disabilities and take
remedial steps to eliminate the effects of any discrimination, and consult with
interested parties such as individuals with disabilities and organizations
representing persons with disabilities)?

ELEMENT 8: COMPLAINT PROCESSING PROCEDURES

8. Does the EO Officer develop and publish the
recipient's procedures for processing discrimination complaints and make sure
that those procedures are followed? [29
CFR 37.25(d); and
37.70-37.80. See also37.7(e)]

ELEMENT 9: CORRECTIVE ACTIONS/SANCTIONS

9. Does the EO Officer, after monitoring and
investigating the recipient's activities and the activities of the entities
that receive WIA Title I financial assistance from the recipient, take
corrective action to ensure that the recipient and its subrecipients are not
violating their nondiscrimination and equal opportunity obligations? [29 CFR 37.25(b); see also 37.7(e)]

APPENDIX
EXAMPLES OF PRACTICES

This Appendix to the Section 188 Disability Checklist includes examples
of policies, procedures and other recommended steps that LWIA grant recipients
can take to ensure that people with disabilities have equal access to WIA Title
I programs and activities. These "examples of practices" are not mandatory
requirements. They do not create new legal requirements or change current legal
requirements. Instead, they suggest ways in which LWIA grant recipients might
meet their obligations to ensure that individuals with disabilities have equal
access to those programs and activities. Descriptions of possible approaches in
this Checklist should not be construed to preclude States from devising
alternative approaches to meeting their legal obligations.

ELEMENT 1: DESIGNATION OF EQUAL OPPORTUNITY
OFFICER

The recipient has a description of the EO-related training that EO
staff and others received regarding persons with disabilities.

ELEMENT 2: NOTICE AND COMMUNICATION

The recipient's general marketing and recruitment materials
(including photos and ad copy) mention people with disabilities as one of the
groups served by the recipient, contain positive images of persons with
disabilities, and indicate the recipient's commitment to hire persons with
disabilities.

Marketing and recruitment materials mention people across the full
range of physical, mental, cognitive, and sensory disabilities as eligible for
services, and images show diversity in their portrayal of persons with
disabilities.

The Notice is made available in Braille or large print, recorded on
audiocassette, or placed on ASCII diskette.

The nondiscrimination policy is read or explained to individuals with
cognitive impairments as a matter of routine or on request.

ELEMENT 3: ASSURANCES

In addition to the general assurances listed in the regulation, a
specific assurance is included that specifies that the recipient,
subrecipients, and others are able to provide programmatic and architectural
accessibility for individuals with disabilities.

ELEMENT 4: UNIVERSAL ACCESS

State and Local Workforce Investment Boards consider the needs of
the local population, including individuals with disabilities and other special
needs populations, in the design and delivery of services that respond to those
needs, such as appropriate intake procedures, screening devices and
comprehensive assessments, the nature and mix of services and supports,
performance outcome measures, and training program needs for personnel to
accomplish the objectives of the program.

The recipient affirmatively seeks to serve qualified individuals with
disabilities across the full spectrum of physical, mental and cognitive, and
sensory disabilities.

The recipient contracts/consults with specific community or advocacy
organizations or agencies that provide services to persons with disabilities to
educate them about the recipient's programs.

Recipients review their records to determine whether individuals with
disabilities participate in the recipient's programs and activities, in order
to assess their compliance with the requirement that they provide universal
access to WIA Title-I-financially assisted programs and activities.

When a recipient undertakes outreach to individuals with disabilities
(including organizations serving people with disabilities), it describes in the
general information given to the organization the types of reasonable
accommodations, reasonable modifications to its program, and programmatic,
architectural and communication accessibility it provides.

The recipient adopts a process to elicit input from and involve
persons with disabilities and disability organizations in establishing policy
governing the operation of its programs and activities.

The recipient has a copy of a written plan developed by the State and
Local Workforce Investment Board describing how it will address the employment
needs of individuals with disabilities. The policies, practices, and procedures
adopted by the recipient are consistent with and facilitate achieving the
outcomes contained in the written plan.

The recipient takes steps to improve operational collaboration (e.g.,
establish partnerships and linkages through memoranda of understanding or other
mechanisms) with entities that have experience working with persons with
disabilities in order to enhance the recipient's capacity to effectively serve
persons with disabilities and to ensure equal opportunity and nondiscrimination
in such areas as:

Registration

Common data intake and sharing

Customer outreach

Service delivery and coordination

Cost sharing

Performance measures and outcome data collection.

ELEMENT 5: OBLIGATION NOT TO DISCRIMINATE ON THE BASIS
OF DISABILITY

5.1 GENERAL PROHIBITIONS

The staff do not stereotype persons with disabilities when evaluating
their skills, abilities, interests and needs, taking into consideration the
availability of reasonable accommodations, reasonable modifications, and
auxiliary aids and services.

When considering a site for a comprehensive One-Stop Center, State
and Local Workforce Investment Boards have coordinated with the broader
community, including transportation agencies and existing public and private
sector service providers, to ensure that the centers and services are
accessible to their customers, including individuals with disabilities.

Qualified individuals with disabilities are referred to employers and
placed in the same range of positions as any other qualified customers.

The recipient provides training to all of its line and supervisory
staff to ensure compliance with the nondiscrimination/equal opportunity
requirements, including the full range of issues raised in this Checklist.

The recipient selects and administers tests and other processes that
measure the ability of the individual to successfully participate in the
program and not the person's physical, mental/cognitive, or sensory impairment.
The policy includes the provisions of reasonable accommodations and reasonable
modifications to the test or other protocols.

The recipient has a written policy explaining that a recipient must
make reasonable accommodation to the known physical or mental impairments of an
otherwise qualified individual with a disability who is an applicant,
registrant, eligible applicant/registrant, or participant.

The policy explains that a recipient is not required to provide a
reasonable accommodation if it would cause undue hardship.

The policy describes the appropriate process for determining whether
an accommodation would cause an undue hardship and the consequences of such a
determination.

The policy includes processes for handling requests for reasonable
accommodations: e.g., the procedure provides for designation of a specific
supervisory staff member to coordinate reasonable accommodation, including
determining whether an accommodation is or is not reasonable.

The policy explains the circumstances under which reasonable
accommodation must be provided: e.g., application, core, intensive, training,
and support services.

The policy provides for maintenance of records of the types of
accommodations provided.

The recipient has a written policy that explains that the recipient
must make reasonable modifications to its policies, practices, and procedures
to avoid discrimination unless it can demonstrate that making modifications
would fundamentally alter the nature of the service, program or activity.

The policy describes the appropriate process for handling requests
and determining whether a modification would alter the nature of the program
and the consequences of such a determination.

The policy addresses the following aspects of the recipient's
program:

Registration and orientation;

Initial screening, assessment, and testing;

Service delivery; and

Continuous improvement.

Registration and Orientation

The recipient's staff asks all registrants (including individuals
with disabilities) whether they need assistance during the
application/registration process.

The recipient's staff offers assistance in filling out forms and
application materials during intake to all persons, including persons with
disabilities.

Intake workers inform individuals that if they have a disability they
can disclose their disability and seek reasonable accommodation, reasonable
modification, and auxiliary aids and services. In addition, it is made clear
that disclosure is voluntary and information regarding disability will be kept
confidential and maintained in a separate file.

Staff working with persons with disabilities obtain permission from
the individual before discussing information about his or her disability with
other staff and other agencies.

All discussions between staff and customers are conducted in a manner
that ensures the preservation of confidentiality.

Initial Screening and Assessment

Initial intake procedures used by the recipient direct staff to
notify registrants if there is an initial indication that an individual has a
disability that may impact his or her ability to benefit from services provided
to nondisabled persons. The procedures instruct the intake worker to provide
the individual with an opportunity for a more comprehensive assessment
conducted by qualified personnel to make such a determination.

Service Delivery

To the extent a recipient provides services (e.g., education and
training opportunities, labor market information, job listing and job search
assistance, resume and cover letter preparation) on a self-service basis, the
recipient's staff provides appropriate assistance to individuals with
disabilities so that they can effectively benefit from such services (including
assistance in using computers and other forms of technology).

Core services include providing or making arrangements (including
referral to other entities) for the provision of benefits counseling for
persons with disabilities, particularly those individuals currently
receiving/eligible for SSI or SSDI benefits and Medicaid or Medicare.

To the extent the recipient provides or makes available through
contract or other arrangement intensive and training services with eligible
training providers:

The recipient collaborates with other agencies that have
knowledge of promising practices for addressing the unique needs of persons
with disabilities (e.g., physical, mental/cognitive, and sensory
impairments).

There are an adequate supply of qualified providers (including
specialized service providers) that have the requisite knowledge, expertise,
and experience to address the needs of individuals with disabilities.

The procedures for reimbursing providers take into consideration
the additional costs of providing reasonable accommodations and auxiliary aids
and services to individuals with disabilities.

Reasonable modifications are made to eligibility criteria for
intensive and training services in order to ensure that individuals with
disabilities have an opportunity to benefit from such services that is as
effective as that provided to nondisabled customers.

Manuals, guidelines, or other materials used by the recipient's staff
(and used to train recipient's staff) include examples of reasonable
modifications to ensure that individuals with disabilities are provided
effective opportunity to benefit from core, intensive, and training
services.

Factors such as the place, time, and lighting are altered for persons
with disabilities to enable them to read and comprehend materials. For example,
access to a quiet environment is made available for individuals with
disabilities that require such a quiet environment in order to read and
comprehend materials.

Continuous Improvement

The recipient has in place a process for continuously reviewing the
progress of individuals with disabilities, as a class.

The recipient uses data and information submitted to the State to
prepare annual performance reports of persons served and outcomes, as well as
demographic data required by Element 6, to continuously improve the
effectiveness of its program of services and supports for persons with
disabilities.

To the extent customer satisfaction surveys are used by the
recipient, the recipient considers disaggregating the data to determine the
satisfaction of customers with disabilities who voluntarily disclose their
disability.

To the extent customer satisfaction surveys are conducted by phone,
the interviewers address the needs of customers who are deaf or who have
trouble speaking.

To the extent the recipient collects data on the number of persons
using each tier of service available through the One-Stop system, it considers
disaggregating the data to determine whether individuals with disabilities
participate in each tier of the recipient's programs and activities, thereby
assessing its compliance with the requirement that it provide universal access
to WIA Title I-financially assisted programs and activities.

The recipient has in place a process for continuously reviewing the
progress of particular customers with disabilities to ascertain whether the
individual's disability or lack of appropriate accommodations and auxiliary
aids and services is affecting his/her progress.

5.4 ADMINISTER PROGRAMS AND ACTIVITIES IN THE MOST
INTEGRATED SETTING APPROPRIATE

The recipient offers individuals with disabilities the same
opportunities to participate in programs, projects, and activities offered to
nondisabled persons and such individuals are served through the same channels
as individuals without disabilities, receiving reasonable accommodation,
modifications, and auxiliary aids and services, as appropriate.

The recipient does not rely solely on agencies providing vocational
rehabilitation to provide services to all persons with disabilities.

If persons with disabilities receive separate or different services
from nondisabled customers, staff can demonstrate why separate or different
services are necessary to ensure that the qualified individual with a
disability receives an aid, benefit, service or training that is as effective
as that provided for others.

Staff communicate to persons with disabilities that they are not
required to take advantage of all of the separate or different services that
they may be eligible for.

The recipient makes every effort to provide job assistance that leads
to employment for persons with disabilities in competitive, integrated work
environments. If a particular individual with a disability is not placed in
such an environment, the recipient explains why such a placement is not
appropriate in that instance. The recipient does not automatically place
persons with disabilities in sheltered workshops (extended employment).

5.5 ABLE TO COMMUNICATE WITH PERSONS WITH DISABILITIES
AS EFFECTIVELY AS WITH OTHERS

The recipient's staff informs customers of its obligation to ensure
effective communication and its obligation to provide appropriate auxiliary
aids and services.

The recipient has a list, in an accessible format, of all currently
available assistive technology devices and services. For example, a recipient
might include in its list that VCRs and TV monitors have closed caption
capability; that Ovac is available; that ZoomText has been installed in
computers available in resource areas; and that Pocket Talkers are provided for
hard of hearing customers.

For customers that are deaf and hard of hearing, the recipient adopts
the following strategies to ensure effective communication:

The staff members secure a qualified sign language interpreter,
where necessary, on a timely basis.

All appropriate employees know how to use a TDD/TTY and the
telephone relay service to make and receive calls. TDDs/TTYs are maintained in
good working order. Test calls are made on a periodic basis to ensure that
TDD/TTY calls are answered to the same extent as voice calls.

If the recipient has courtesy telephones that the public may use
for outgoing calls, it considers making available a portable TDD/TTY for public
use (as currently required by the Americans with Disabilities Act Accessibility
Guidelines, which are applicable to entities subject to Title III of the
Americans with Disabilities Act (public accommodations and commercial
facilities) and some entities subject to Title II of the ADA (the Department of
Justice currently permits state and local governments subject to Title II of
the ADA to follow either UFAS or ADAAG standards)). If the recipient does make
a portable TDD/TTY available, it posts a notice at the location of each
courtesy telephone advising the public on how the portable TDD/TTY may be
obtained, and instructs staff on the location of the portable TDD/TTY and its
use.

For customers who are blind and visually-impaired, the recipient
adopts the following strategies to ensure effective communication:

Staff members have materials transcribed into Braille or large
print, recorded on audiocassette, or placed on ASCII diskette, on a timely
basis.

If the recipient has a video library for public use, the videos
purchased are available with audio descriptions.

For customers with cognitive disabilities (e.g., persons with brain
injury, mental retardation, and learning disabilities), the recipient adopts
the following strategies to ensure effective communication:

Staff members offer assistance with and/or extra time for the
completion of forms and written instructions.

Staff members repeat instructions, provide information in a
slower voice, and use simple sentences and words and use graphics, e.g.,
symbols, pictures.

Staff members provide a quiet environment for people to read
materials if the public area has distractions.

For customers with mobility impairments, the recipient adopts the
following strategies to ensure effective communication:

Staff members put themselves at the wheelchair user's eye level
(if possible sit next to the customer when having a conversation).

Staff members provide a clipboard as a writing surface if
counters or reception desks are too high, and come around to the customer side
of the desk/counter during interaction.

For customers with speech impairments, the recipient adopts the
following strategies to ensure effective communication:

If a staff member does not understand something, he or she does not
pretend to understand. The staff member asks the customer to repeat what he or
she said and then repeats it back.

Staff members ask questions that require only short answers, or a nod
of the head.

If a staff member has difficulty understanding the customer, he or
she considers having the customer write or sit at a computer screen as an
alternative, but first asks whether this is acceptable.

If no solution to the communication problem can be worked out, the
staff member asks if there is someone who could interpret on the customer's
behalf.

5.6 PROVIDE PROGRAMMATIC ACCESSIBILITY FOR PERSONS WITH
DISABILITIES

For Additional
Guidance on Programmatic Accessibility See CHECKLISTS developed by
the United States Access Board and the U.S. Department of Justice
described below under Element 5.7

5.8 EMPLOYMENT PRACTICES

Provide Reasonable Accommodation for Individuals with
Disabilities

The recipient has a written policy that explains that a recipient
must make reasonable accommodations to the known physical or mental limitations
of an otherwise qualified applicant or employee with a disability.

The policy explains that a recipient is not required to provide a
reasonable accommodation if it would cause undue hardship.

The policy describes the appropriate process for determining whether
an accommodation would cause an undue hardship and the consequences of such a
determination.

The policy includes processes for handling requests for reasonable
accommodations, e.g., the procedure provides for designation of a specific
supervisory staff member to coordinate reasonable accommodation, including
determining when an accommodation is or is not reasonable.

The policy explains the circumstances under which reasonable
accommodations must be provided, e.g., interviews, staff meetings, off-site
meetings, trainings, and social events.

There is a process in place to ensure ongoing tracking of whether an
individual's needs for reasonable accommodations are met.

Job descriptions have been analyzed to determine which functions of a
job are essential and which are marginal.

Job descriptions are in writing.

None of the following questions are asked during the application
(pre-offer) process (unless an exception applies):

Health or physical condition

Medical history

Previous workers' compensation claims

Prior health insurance claims

The recipient does not require that applicants for employment take
any of the following tests as part of the application process:

Alcohol test

HIV test

Psychological tests that are designed to identify a mental
impairment

The recipient has in place a written policy regarding who has access
to medical information. For example, all non-medical records are kept in a
separate place from records that contain medical information. (Medical records
might include insurance application forms as well as health certificates,
results from physical exams, etc.) [29 CFR 32.15;
29 CFR 37.10(d);
29 CFR 1630.14]

ELEMENT 6: DATA AND INFORMATION COLLECTION AND
MAINTENANCE

The recipient has a written policy outlining the requirements for
notification of discrimination allegations to the Civil Rights Center, and
trains relevant staff on the policy.

The written policy states that such notification must be accomplished
in a timely manner, and outlines the specific information that must be sent to
the Civil Rights Center, including names of the parties and the location where
the action was filed.

ELEMENT 7: MONITOR FOR COMPLIANCE

The recipient's policies, instruments, checklists, and other
processes used for monitoring compliance with the nondiscrimination/equal
opportunity provisions include a review of policies, practices, and procedures
to determine equal opportunity for persons with disabilities. The monitoring
processes cover all of the Elements included in this Section 188 Disability
Checklist.

ELEMENT 8: COMPLAINT PROCESSING PROCEDURES

A written policy is in place setting forth the complaint resolution
procedures prescribed by the regulations, including the means by which the
complaint processing procedures are made available to individuals with
disabilities (including individuals with visual and cognitive
impairments).

ELEMENT 9: CORRECTIVE ACTIONS/SANCTIONS

If in the past the recipient automatically referred all/most persons
with disabilities to other agencies such as vocational rehabilitation, it has
ceased this practice. If the recipient generally did not serve persons with
disabilities, it is taking additional steps (such as the adoption of specific
policies, practices, and procedures and training) to address former
inadequacies.

The recipient uses prospective relief (e.g., training, policy
development, and communication) to ensure that discrimination does not
reoccur.

Endnotes

[1] The terms "disability"
and "qualified individual with a disability" are defined in
29 CFR 37.4. For purposes of this
guidance, the term "persons with disabilities" includes, but is not limited to,
persons with visible as well as non-visible physical and mental disabilities.
Impairments that may be disabilities include: contagious and noncontagious
diseases and conditions such as orthopedic, visual, speech and hearing
impairments, cerebral palsy, epilepsy, muscular dystrophy, polio, multiple
sclerosis, cancer, heart disease, diabetes, mental retardation, emotional or
mental illness, specific learning disabilities, HIV disease (whether
symptomatic or asymptomatic), tuberculosis, and alcoholism.

[4] The interim final rule
implementing Section 188 was published in the Federal Register on
November 12, 1999 (64
FR 61692-61738).

[5] This Checklist does
not address nondiscrimination and equal opportunity provisions of WIA
prohibiting discrimination on the grounds of race, color, religion, sex,
national origin, age, political affiliation or belief, and for WIA
beneficiaries only, of his or her citizenship on the basis of an individual's
status as a citizen or national of the U.S., or as an individual lawfully
authorized to work in the U.S., or of his or her participation in any WIA Title
I-financially assisted program or activity. See29 CFR 37.1;
37.6.

[9] Recipients that are
also public entities or public accommodations, as defined by Titles II and III
of the Americans with Disabilities Act of 1990 (ADA), should be aware of
obligations imposed by those Titles. [29
CFR 37.3(b) and (c)] Similarly, recipients that are also employers,
employment agencies, or other entities covered by Title I of the ADA should be
aware of obligations imposed by that Title. [29
CFR 37.3(d) and
37.10(e)] The term "employment agency" is
defined as "any person regularly undertaking with or without compensation to
procure employees for an employer or to procure for employees opportunities to
work for an employer and includes an agent of such a person." [42 USC 2000(e);
42 USC 12111]

[12] The questions
pertaining to a recipient's responsibility to ensure effective communications
pursuant to
29 CFR 37.9 are set out under Section 5.5.

[13] Marketing,
recruitment, and other materials include those that are ordinarily distributed
or communicated in written and/or oral form, electronically and/or on paper, to
staff, clients, or the public at large.

[14] Note that in
addition to including an assurance pertaining to Section 188 (prohibiting
discrimination on the basis of disability) and Section 504 of the
Rehabilitation Act, a recipient must include an assurance pertaining to Section
188 (nondiscrimination on the basis of race, color, religion, sex, national
origin, age, political affiliation or belief, and, for beneficiaries only, of
citizenship on the basis of an individual's status as a citizen or national of
the U.S., or as an individual lawfully authorized to work in the U.S., or of
participation in a WIA Title I-financially assisted program or activity), Title
VI of the Civil Rights Act of 1964, as amended, the Age Discrimination Act of
1975, as amended, and Title IX of the Education Amendments of 1972, as amended.
[29
CFR 37.20(a)(1)] Note also that this assurance to comply with these
nondiscrimination and equal opportunity laws is judicially enforceable [29
CFR 37.20(a)(1)] and is incorporated into any arrangement where Federal
financial assistance is made available under Title I of WIA, whether there is a
physical agreement or not. [29
CFR 37.20(a)(2)].

[16] It should be noted
that the provisions related to "most integrated setting" are restated and
specifically addressed in Section 5.4 of the Checklist.

[17] A discussion of the
applicability of the reasonable accommodation provision pertaining to
employment practices is set out in Section 5.8 of the Checklist.

[18] 29 CFR part 32,
subparts B and
C and
Appendix A, which implement the
requirements of Section 504 pertaining to employment practices and
employment-related training, program accessibility, and reasonable
accommodations, have been incorporated into
29 CFR part 37 by reference. Therefore,
recipients must comply with the requirements set forth in those regulatory
sections as well as with the requirements specifically listed in
29 CFR 37.10. [See29 CFR 37.3(b) and
10(d)] In addition, recipients that are
also employers, employment agencies, or other entities covered by Titles I and
II of the ADA should be aware of obligations imposed by those Titles. [29 CFR 37.10(e); see also29 CFR part 1630 and
28 CFR part 35] Some programs housed
within the One-Stop system often act as employment agencies, or conduct
employment-related training. Some Temporary Assistance for Needy Families
(TANF) and Welfare-to-Work (WtW) programs, for example, regularly conduct
activities similar to those provided by employment agencies--for example,
referring customers to jobs, or contacting employers to inquire about openings.
Where those activities constitute a principal part of a program's activities,
the program falls under the definition of "employment agency," and the services
that it provides to customers are covered by these legal principles as
well.

[19] A discussion of the
applicability of the reasonable accommodation provision pertaining to
employment practices is set out in Section 5.8 of the Checklist.

[21] Note that several
examples of practices included under the "reasonable modification" Element are
in fact examples of reasonable accommodations. These examples of reasonable
accommodations are included under this Element to simplify the presentation, by
including in one place examples of both modifications and accommodations
pertaining to service delivery.